It is a clone of this request.
|Multi Request||Masked LEOs|
|Submitted||Sept. 13, 2021|
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To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. Policies, including implementation, termination and expiration notices, mentioning or discussing mask mandates or requirements for employees.
2. Reports regarding alleged violations of or non-compliance with mask mandates or requirements.
3. Records documenting any disciplinary actions taken regarding Item #2.
4. Emails, letters, memos and other written or memorialized discussions with unions or employee representatives regarding actual or proposed mask mandates or requirements (such as those requested in Item #1).
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Good morning, Emma-
Your request has been received. Government Code 6253(c) of the California Public Records Act allows up to 10 days from the receipt of the request to provide a response to the requester. I will provide a response to you by 9/24/21.
April Benoit #1180N
Research & Development
San Jose Police Department
201 W. Mission St. San Jose, CA 95110
Main: (408) 277-5200
Good afternoon, Emma-
Please see the response from the San Jose Police Department below concerning your request:
Request #1: Policies, including implementation, termination and expiration notices, mentioning or discussing mask mandates or requirements for employees.
SJPD Response #1: Please see attached:
Attachment 1- CPM 1.3.9 COVID-19 Guidance
Attachment 2- Updates Regarding COVID-19
Request #2: Reports regarding alleged violations of or non-compliance with mask mandates or requirements.
SJPD Response #2: The requested records are considered records of investigation. California Government Code 6254(f) details to whom records of investigation can be provided.
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
Request #3: Records documenting any disciplinary actions taken regarding Item #2.
SJPD Response #3: Records of discipline are considered to be personnel records under subdivision (e) of Penal Code Section 832.8. Personnel records are considered confidential under Penal Code 832.7 and therefore are exempt from public disclosure under Government Code 6254(k).
Request #4: Emails, letters, memos and other written or memorialized discussions with unions or employee representatives regarding actual or proposed mask mandates or requirements (such as those requested in Item #1).
SJPD Response #4: There are no records responsive to this request.